N.J. Admin. Code § 10A:18-6.19

Current through Register Vol. 56, No. 24, December 18, 2024

Section 10A:18-6.19 - Denial, termination or suspension of a visit

(a) An inmate's visiting privileges shall not be denied because of a violation of correctional facility regulations, other than those regulations specifically related to or concerned with visiting privileges, except in the case of a termination of contact visits sanction as established in N.J.A.C. 10A:4-5.1(c).

(b) A visit may be denied, terminated or suspended and a visiting privilege suspended under the following circumstances:

1. The visitor(s) is under the influence of drugs or alcohol;

2. Space is unavailable;

3. The visitor(s) refuses to submit to search procedures;

4. The visitor(s) refuses or fails to produce sufficient identification or falsifies identifying information;

5. The visitor has failed to provide any disclosures required by N.J.A.C. 10A:18-6.3 and 6.9;

6. The inmate has not complied with the provisions at N.J.A.C. 10A:18-6.2 to request the addition of a potential visitor to their visitor list;

7. The visitor has been banned from visiting an inmate for a designated period of time and has failed to apply for reinstatement of visit privileges in accordance with N.J.A.C. 10A:18-6.3;

8. When no contact between the visitor and the inmate has been ordered by a court of jurisdiction;

9. The visit rules of the correctional facility are violated by the visitor, provided that such rules are posted;

10. Children are disturbing other persons in the correctional facility or visiting area;

11. Physical contact between the visitor and inmate that is in excess of N.J.A.C. 10A:18-6.1 6(d);

12. Any action that affects the ability of the staff to ensure the safe, secure and orderly operation of the correctional facility and the visiting room; or

13. A violation of the Zero Tolerance Drug/Alcohol Policy as defined in N.J.A.C. 10A:1-2.2.

(c) Except in the case of a termination of contact visits sanction as established in N.J.A.C. 10A:4-5.1(c), prior to the denial or termination of visiting privileges for circumstances listed in (b) above, less restrictive action should be instituted. Such action may include:

1. Warning the inmate and/or visitor of improper conduct; and/or

2. Transferring the visit to a non-contact visiting area.

N.J. Admin. Code § 10A:18-6.19

Amended by R.1997 d.431, effective 10/6/1997.
See: 29 N.J.R. 2769(a), 29 N.J.R. 4311(c).
In (b)8, substituted "Any action ... the visiting room" for "Denial or termination of visiting privileges is necessary to preserve security of the correctional facility and maintain order in the visiting room".
Amended by R.1998 d.526, effective 11/2/1998.
See: 30 N.J.R. 2810(a), 30 N.J.R. 3965(a).
In (a), added an exception at the end; in (b), added a new 9; and rewrote (c).
Amended by R.2006 d.398, effective 11/20/2006.
See: 38 N.J.R. 3121(a), 38 N.J.R. 4867(a).
In (a) and the introductory paragraph of (c), updated the N.J.A.C. reference.
Amended by R.2009 d.208, effective 7/6/2009.
See: 41 N.J.R. 954(a), 41 N.J.R. 2659(a).
Added new (b)5 through (b)8; recodified former (b)5 through (b)9 as (b)9 through (b)13; in (b)10, inserted "correctional facility or"; and in (b)11, substituted "that" for "which".